Divorce without mutual agreement
Immediately after marriage within a week we got separated. I am living in France she is in india. Had lot of fight over telephone. After a year, I gone back to india and tried convince her. But I could not managed. Then I filed a divorce petition in india. I stated the reasons for divorce as follows,
1. She is not wearing mangalsutra
2. She is not wearing Toe ring
3. Frequent liquor consumption
4. Mental torture by harsh words
As she has not attended the court proceedings, I got exparte within a year. But during the judgment she appeared and got stay order. Also filed a petition in her city court for restitution of conjugal rights with a Transfer O.P. We also filed a response for that. I appeared in that court and 3 family counselings have been given and all are failed. After that they are not starting the trial. every time asking for time. How long they can do like this?. Is there a way to make them start the trial?. Now it is almost five years since i married. How can I speed up the process? . Please advise me.
Asked 2 years ago in Family Law from Germany
They could not to drag the matter in to uncertainty. If they try to drag the matter then file a petition before high court for speedy disposal of the case.You have to prove her acts in day to day life amount to mental cruelty. Not wearing is a managalsutra is not a cruelty in some extent, But you have to prove it with substantial evidence .Now her movement is to file maintenance petition against you ask the alimoney.
1) you should oppose application for adjournments
2) insist on payment of costs if adjournment is taken .
3) merely because wife is not wearing toe ring or mangalsutra is no ground for divorce .
4) contested divorce , RCR cases take 5 years to be disposed of
5) you can move HC for expediting trial if there has been no progress i n your case
1. The trial is very slow paced and frequent adjournments are common features of the trial.
2. To expedite the trial file application in high court.
3. However before that do merge the two suits -divorce and RCR together.
1. Where in India you had filed the divorce suit and she has filed the RCR case?
2. File a petition before he High Court praying for direction upon the Court lower to expedite the divorce case within a fixed time frame,
3. Being equipped with the High Court Order, your Advocate should be able to expedite disposal of the case since 5 years is a long time even by Indian standard.
File an application under section 21B of Hindu marriage act 1955 for speedy trial.
As per section 21B there us a time limit for six month to decide the case21B Special provision relating to trial and disposal of petitions under the Act. ?
(1) The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.
(2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.
(3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.]
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Advocate, New Delhi
The trial is to start immediately after the report of the mediator if it is a negative report. You can move the High Court directly if there is delay in the commencement of trial. The HC will issue the necessary directions.
Hi I think I can help you with that but first give me your details of the case on my email id. Or call on my mobile. Legal advice cannot be based on half baked facts.
If they are intentionally dragging on the case endlessly and adopting dilatory tactics, you may ask your advocate to file a petition under section 151 cpc to either expedite the trial process to to decide the case without their participation in the trial proceedings.
What about your own divorce case, what is the status of that case now?
Hi, you have to file a writ petition before the Hon'ble High Court direct the trial court dispose of the matter expeditiously as possible or with in particular period say 6 months or 8 months.
you should approach the high court for expedite order. high court can direct the family court to decide this matter within 6 months or other stipulated time. then family court is bound to decide the case expeditiously. No unnecessarily adjournments will be granted and if court find fit to do so it may decide ex-party and impose heavy cost on other party.